Premshila vs The State Of Bihar
2023 Latest Caselaw 3361 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6897 of 2020
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1. Premshila Wife of Late Yogeshwar Rai, Resident of Village Kursaha, P.O.

Moiuddin Nagar, District Samastipur.

2. Harivansh Sahni, Son of Late Musai Sahni, Resident of Village Kursaha Samastipur.

3. Marni Devi, Wife of Pramod Rai, Resident of Village Kursaha, P.O.

Moiuddin Nagar, District Samastipur.

4. Shiv Narayan Sharma, Son of Ram Karan Sharma, Resident of 34-A, Press Enclave, Part 3, Gali No. 13, Vikas Nagar, Uttam Nagar, West Delhi.

5. Singheshwar Paswan, Son of Late Bija Paswan, Resident of Aslampur Badiya, District-Samastipur.

6. Ashok Paswan, Son of Late Ganga Paswan, Resident of Village Kursaha, P.O. Moinuddin Nagar, District Samastipur.

7. Mushlim Miya, Son of Late Suleman Miyan, Resident of Village Kursaha, P.O. Moinuddin Nagar, District Samastipur.

8. Shankar Ram, Son of Late Yadu Mochi, Resident of Village Kursaha, P.O.

Moinuddin Nagar, District Samastipur.

9. Kameshwar Das, Son of Late Lau Das, Resident of Village Kursaha, P.O.

Moinuddin Nagar, District Samastipur.

10. Dhamma Mochi alias Ghamandi Mochi, Son of Late Chalittar Mochi, Resident of Village Kursaha, P.O. Moinuddin Nagar, District Samastipur.

11. Uman Das, Son of Late Nirsan Das, Resident of Village Kursaha, P.O. Moinuddin Nagar, District Samastipur.

12. Uman Das, Son of Late NIrsan Das, Resident of Village Kursaha, P.O. Moinuddin Nagar, District Samastipur.

13. Dhuriya Devi, Wife of Devendra Ray, Resident of Village Kursaha, P.O. Moinuddin Nagar, District Samastipur.

14. Pawan Kumar, Son of Tekan Paswan, Resident of Village Kursaha, P.O. Moinuddin Nagar, District Samastipur.

15. Yogendra Ram, Son of Late Duklarchand Ram, Resident of Village Kursaha, P.O. Moinuddin Nagar, District Samastipur.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2. The Principal Secretary, Land Reforms Department, Govt. of Bihar, Old Secretariat Building, Patna.

3. The District Magistrate, Samastipur.

4. The S.D.O., Patori, Samastipur.

5. The D.C.L.R., Moinudding Nagar, Samastipur. Patna High Court CWJC No.6897 of 2020 dt.31-07-2023

6. The Circle Officer, Moinuddin Nagar, Samastipur.

7. The Chairman, Bihar Bhoodan Yagana Committee-cum-Member Board of Revenue, Patna.

8. The Office Secretary, District Bhoodan Yagana Committee, Samastipur.

... ... Respondent/s ====================================================== Appearance :

       For the Petitioner/s     :       Mr. Jai Vardhan Narayan
       For the Respondent/s     :       Mr. Khurshid Alam AAG
       For the Bhoodan          :       Mrs. Alka Verma

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL JUDGMENT Date : 31-07-2023

1. By way of this writ petition, the petitioners have

prayed for the following reliefs:-

a.) For issuance of directions / order or writ in the

nature of mandamus directing the Respondents to forthwith

return back the land of the petitioners who have been granted

land by the Bihar Bhoodan Yagna Committee by issuance of

respective Parman Patras situated at Village Kursaha

appertaining to Khata No. 280, Khesra No. 1824, Thana No.

197, Pargana Balagachch, Revenue Thana- Dalsinghsarai,

District-Darbhanga which have been forcibly and illegally

captured for renovation and beautification of the area under the

Jal Jivan Hariyali Programme by the Executive Engineer, Minor

Irrigation Division, Samastipur vide letter dated 19.12.2019 and

a general notice to that effect has been issued by the Circle

Officer, Moinuddin Nagar, Samastipur whereby and whereunder Patna High Court CWJC No.6897 of 2020 dt.31-07-2023

all the Praman Patra holders were made aware to submit their

Praman Patras and evidences so that their claim can be

considered on the land in question.

b.) For issuance of directions / order or writ in the

nature of mandamus directing the respondents to forthwith stop

the ongoing renovation and beautification work which is being

done by the Respondents over the land of the petitioners under

the Jal Jivan Hariyali Programme.

c.) For any other relief or reliefs for which the

petitioners may be deemed entitled to.

2. The short facts of the case, as stated in the writ

petition are that the land in question was donated by one Kedar

Nath Mahta to the Bhudan Yagna Committee in the year 1954,

which was confirmed by the Competent Revenue Authority. It is

the case of the petitioners that the land in question was granted

to the ancestors of the petitioners by way of issuing Praman

Patras in their favour for cultivation as they were landless. On

09.10.1986 the Circle Officer, Moinuddin Nagar, Samastipur

passed an order directing the concerned Officers to mutate the

names of the petitioners and collect the rent from the date of

creation of Jamabandi. Thereafter, the petitioners have been

regularly paying the rent to the State Government. The Circle Patna High Court CWJC No.6897 of 2020 dt.31-07-2023

Officer, Moinuddin Nagar, Samastipur issued a General Notice

dated 23.12.2019 informing the public about the renovation and

beautification work under the Jal Jiwan Hariyali Programme

which is going to be executed by the Executive Engineer, Minor

Irrigation Division, Samastipur at Mauza Khursaha. In the said

notice, direction was issued to all the Parcha Holders to submit

their Parcha along with other evidence in support of their claims

by 25.12.2019 so that their claims may be considered and in

case, nothing is submitted by any claimant then it will be

deemed that there is no claim on his/her behalf. On 24.05.2020

Anchal Amin measured the land in question and submitted a

report in accordance with his measurement. On 26.05.2020 the

petitioners submitted a representation before the S.D.O, Patori,

Samastipur and Circle Officer, Moinuddin Nagar, Samastipur

regarding the illegal measurement done by the Anchal Amin

without considering the grounds of the petitioners but the same

is still pending. Hence, this writ petition.

3. Learned Counsel for the petitioners submits that

the land of the petitioners have forcibly and illegally been

captured by the respondents for the renovation and

beautification of the land under Jal Jiwan Hariyali Programme

and the petitioners are the owners of the land as they have Patna High Court CWJC No.6897 of 2020 dt.31-07-2023

received the same from their ancestors.

4. Learned counsel for the petitioners further

submits that the scheme of Jal Jivan Hariyali Programme being

executed by the respondents is arbitrary and illegal as the

Bhoodan Tenants cannot be thrown out from the land without

being properly rehabilitated or without giving adequate

compensation by adopting the land acquisition proceeding in

accordance with law.

5. Learned counsel for the petitioners further

submits that the petitioners are rightful owners of the land and

they are not someone claiming the land illegally and in support

of his submission he relies on the order passed on 09.10.1986

passed by the then Circle Officer, Moinuddin Nagar whereby the

Circle Officer directed to mutate the name of the petitioners by

creating Jamabandi in their names.

6. He further submits that claim of the petitioners

may be considered as they have been in long standing

possession of the land due to which they have been able to

survive themselves which is the only source of livelihood for

them.

7. He further submits that the respondents acquired

the land without following the due process of law and have Patna High Court CWJC No.6897 of 2020 dt.31-07-2023

acted maliciously in dispossessing the petitioners from their

land, which cannot be justified in the eye of law. He further

submits that the Anchal Amin in collusion with local

contractors, without informing the petitioners came on the land

of the petitioners and did the measurement and submitted his

report. In this regard, the petitioners have also filed a

representation before the S.D.O, Patori, Samastipur and Circle

Officer, Moinuddin Nagar, but the same is still pending.

8. He further argues that if in the revisional survey

of 1969-70 the land is marked as the bank of the river and comes

under Sairat then how can the Circle Officer, Moinuddin Nagar

passed the order dated 09.10.1986 asking the officer concerned

to mutate the name of the petitioners and create the Jamabandi.

9. Lastly, learned counsel for the petitioners has

drawn the attention of this Court to the Counter Affidavit filed

by the Committee whereby the Committee had also stated that it

is the petitioners who are the true owners of the land and their

ancestors were duly granted Praman Patras for the land in

question.

10. Learned AAG appearing for the State has

denied all the allegations levelled by the petitioners and submits

that the land in question never belonged to the petitioners and Patna High Court CWJC No.6897 of 2020 dt.31-07-2023

after the petitioners gave a representation to S.D.O, Patori,

Samastipur and Circle Officer, Moinuddin Nagar the Circle

Officer directed the Anchal Amin to conduct proper

measurement of the land and submit his report.

11. Learned counsel for the State has taken this

Court to the report of Anchal Amin, in which it has been

mentioned that in Revisional Survey, the land in quesiton has

been mentioned as Bihar Sarkar River (Nadi) land vide R.S.P

No. 2995 (corresponding to C.S.P No. 1824) and hence, R.S.P

No. 2995 is carved out from C.S.P No. 1824 measuring an area

of about 42 Bigha.

12. Learned AAG for the State further submits that

the geographical location of the land in question is that the land

is at the bank of the River and therefore it comes under Sairat .

13. He further submits that on the land in question,

several structures i.e. MANREGA Bhawan, Anganbari Centre

and slide gate of river are existing there since long.

14. Learned Counsel for the State further submits

that neither the ancestors of the petitioners nor the petitioners

filed any suit against the Revisional Survey of 1969-70 nor any

objection was raised by the petitioners while the structures were

being constructed. He further submits that the land in question Patna High Court CWJC No.6897 of 2020 dt.31-07-2023

has always been a Government land and the ex-landlord had

illegally donated the land to the Committee and the Praman

Patras issued by the Committee to the ancestors of the

petitioners is also against the public as well as Government

interest.

15. Learned AAG sums up his argument by saying

that a Public Welfare Project is also being carried out on the land

and in that regard 4 ponds are under construction which will

help in the upliftment of the area, therefore, the claim of the

petitioners may not be entertained.

16. Learned counsel for the Respondent No. 07 and

08 has supported the case of the petitioners and have submitted

that the land was donated, as has been claimed by the

petitioners, and they have supported the grant of land by

Committee to the petitioners and they have also brought on

record the confirmation register and the Praman Patra Panji

which has been annexed in the counter affidavit.

17. I have heard the learned counsel for the

petitioners, learned AAG for the State and the learned counsel

appearing for the Bihar Bhoodan Yagna Committee.

18. From the case of the petitioners, it appears that

they have claimed the land in question as having been given to Patna High Court CWJC No.6897 of 2020 dt.31-07-2023

them by the Committee and they have brought on record the

documents which are of unimpeachable nature and they are the

rightful owners of the land in question. The State is trying to

dispossess the petitioners from the land in question without

initiating any proceeding against the petitioners. Once the

petitioners have produced the Praman Patra of the land in

question, they cannot be dispossessed by the State Authorities

by claiming that the land is going to be used for the purpose of

renovation and beautification of the area under Jal Jivan Hariyali

Program by way of general notice.

19. Prima facie, it appears that the petitioners are

the owners of the land as the same has been granted to them by

the Committee and therefore it is directed that if the State

wanted to remove the petitioners from the land in question then

they ought to have initiated an action in accordance with law by

giving individual notices to all of them.

20. Without initiating any proceeding, by way of

issuance of general notice, the exercise of removing the

petitioners is illegal and cannot be sustained. The action of the

State for forcibly capturing the land of the petitioners without

initiation of proper proceeding is held to be illegal and the State

authorities are directed to return the land of the petitioners or Patna High Court CWJC No.6897 of 2020 dt.31-07-2023

acquire the same in accordance with law. If the State wants to

claim the land of the petitioners, they can initiate an appropriate

proceeding against each land holder and after hearing the parties

they can claim the land of the petitioners.

21. With the aforesaid observations and directions,

this application is allowed.

(Sandeep Kumar, J) Vikas/-

AFR/NAFR                NAFR
CAV DATE                22.06.2022
Uploading Date          31.07.2023
Transmission Date